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(영문) 창원지방법원 마산지원 2020.01.22 2019고단1020
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On February 11, 2008, the Defendant was issued a summary order of KRW 2 million at the Changwon District Court for the crime of violation of the Road Traffic Act. On July 17, 2008, the Defendant was sentenced to a suspended sentence of KRW 2 million for the same crime, etc. at the same court on July 17, 2008. On May 20, 2016, the Defendant was issued a summary order of KRW 5 million for the same crime.

【Criminal Facts】

Although the Defendant had been punished for drunk driving as above, on September 29, 2019, at around 15:40, the Defendant driven a B-hand car from around 1.5 meters away from the front of the Yong-sports Park in the Gain-gun, Gyeongnam-gun, Gungnam-gun, under the influence of alcohol at around 0.182% of alcohol concentration, to the front of the bus platform located in the Gain-gun, in the same face.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was that the Defendant had been punished three times for drinking without a license for drinking, even though he/she had a record of punishment for driving without a license for drinking.

The blood alcohol concentration level was high, and it also caused traffic accidents.

However, the defendant recognizes and reflects the facts of crime.

Although there are criminal records of the same kind of probation, it was 2008.

Social ties are relatively rare.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.

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